By Our Correspondent
BHUBANESWAR: A Bench of Chief Justice of India (CJI) Surya Kant, Justices Joymalya Bagchi and Justice V Mohana was hearing a petition against IPS officer Sushant Nath’s exclusion from the list of officers being considered for appointment as Director General of Police (DGP), due to the communication sent by CBI.
The Court today asked whether State was treating Sushant Nath, a former Chairman of the Odisha Police Recruitment Board, as an accused in the case by withdrawing his integrity certificate.
“Withholding integrity certificate is going too far. Are you putting him in the category of accused?” it asked. Matter to resume next Tuesday.
Let us say an investigation commences into misappropriation in the malkhana, in the record room of a judicial establishment. X is the District Judge of that establishment. He can be interrogated for that. He can be investigated for that. In an appropriate case, he can even be named as an accused. But merely because an FIR is registered concerning the record room, will the APAR of the District Judge contain an adverse comment which would result in withholding his integrity certificate?” the Court asked.
Justice Bagchi said that “a shadow may be cast” on the officer by such action. The Court said it would examine whether CBI’s response about questioning Nath was sufficient to withhold the integrity certificate.
Senior Advocate P Chidambaram said the he officer must hold the post of DGP in Level 16 as on the date of occurrence of vacancy. Three officers were eligible. Therefore, 2(B) does not arise. Sanjeeb Pnda did not and could not have held the post of DGP until the relevant date. They create two ex-cadre posts and promote them “with immediate effect”. The motive is clear. You create it now and you fill it now, so that they will be seamlessly absorbed against the regular vacancies. This is contrary to the IPS Pay Rules.
Senior Advoctae Karuna Nundy appearing for Nath, said before I took this matter, I specifically asked, do you know the PIL petitioner? On affidavit, he has said no. Admittedly, my record is outstanding. There has been no complaint whatsoever against me, not even a whisper. The only thing against Mr Sushant Kumar Nath is the CBI letter saying that he “may be required to be examined”. Not one of the FIRs has a whisper of my name. Certainly not as an accused. I am not an accused in the FIR, the investigation is still ongoing and the leaked question papers were never found.
To this, Justice Bagchi said Ms Nundy, we have to consider whether, along with the integrity certificate, all the other material also has to be produced before the UPSC or not, which includes these case records. Of course, the integrity certificate issue which you have raised, whether it can be withdrawn, we will consider. Nundy said the he integrity certificate cannot be withdrawn.
Justice Joymalya Bagchi said “ Yes, we will consider that as well. But we are also saying that this issue requires consideration, whether the other material also has to be placed before the UPSC or not,”
